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VENEZUELA.

1836.

TREATY OF PEACE, AMITY, COMMERCE AND NAVIGATION. Concluded January 20, 1836; ratification advised by the Senate March

23, 1836; ratified by the President April 20, 1836; ratifications exchanged May 31, 1836; proclaimed June 30, 1836. (Treaties and

;

Pursuant to a notice from the Government of Venezuela, this convention of thirty-four articles terminated January 3, 1851.

1859.

CLAIMS CONVENTION.

Concluded January 14, 1859; ratification advised by the Senate Feb

ruary 21, 1861; ratified by the President February 26, 1861. (Treaties and Conventions, 1889, p. 1129.)

By this convention the claims of United States citizens against Venezuela, amounting to $130,000, for damages for being evicted from Aves Island were acknowledged and payment provided for.

1860.

TREATY OF AMITY, COMMERCE AND NAVIGATION, AND EXTRADITION. Concluded August 27, 1860; ratification advised by the Senate Feb

ruary 12, 1861; ratified by the President February 25, 1861; ratifications exchanged August 9, 1861; proclaimed September 25, 1861. (Treaties and Conventions, 1889, p. 1130.)

This treaty of thirty-two articles terminated October 22, 1870, pursuant to notice from Venezuela. S. Doc. 318, 58–2-51

801

1866.

CLAIMS CONVENTION.

Concluded April 25, 1866; ratification advised by the Senate July 5,

1866; ratified by the President August 8, 1866; ratifications exchanged April 17, 1867; proclaimed May 29, 1867. (Treaties and Conventions, 1889, p. 1140.)

The claims of citizens of the United States against Venezuela were submitted by this convention to two commissioners and an umpire, who met at Caracas, Venezuela, August 30, 1867, and adjourned August 3, 1868, awarding $1,253,310.30 against Venezuela.

1885.

CLAIMS CONVENTION.

Concluded December 5, 1885; ratification advised by the Senate with

amendments April 15, 1886; ratified by the President August 7, 1888; ratifications exchanged June 3, 1889; proclaimed June 4, 1889. (U. S. Stats., vol. 28, p. 1053.)

1888.

CONVENTION TO REMOVE DOUBTS AS TO THE MEANING OF THE

CONVENTION OF 1885.

Concluded March 15, 1888; ratification advised by the Senate June

18, 1888; ratified by the President August 7, 1888; ratifications exchanged June 3, 1889; proclaimed June 4, 1889. (U. S. Stats., vol. 28, p. 1064.)

1888.

CONVENTION EXTENDING THE TIME FOR RATIFICATION OF THE

CONVENTION OF 1885.

Concluded October 5, 1888; ratification advised by the Senate Decem

ber 5, 1888; ratified by the President January 30, 1889; ratifications exchanged June 3, 1889; proclaimed June 4, 1889. (U. S. Stats., vol. 28, p. 1067.)

The commission authorized by the three above conventions to reopen and decide the awards under the Treaty of 1866, was organized in Washington, D. C., September 3, 1889, and adjourned September 2, 1890, awarding claims against Venezuela amounting to $980,572.60.

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1892.

CLAIMS CONVENTION.

Concluded January 19, 1892; ratification advised by the Senate March

17, 1892; ratified by the President July 2, 1894; ratifications exchanged July 28, 1894; proclaimed July 30, 1894. (U. S. Stats., vol. 28, p. 1183.)

By this convention the claim of the Venezuelan Steam Transportation Company against Venezuela was referred to the arbitration of two commissioners and an umpire who rendered an award of $141,800.

1903.

PROTOCOL WITH VENEZUELA SUBMITTING TO ARBITRATION CLAIMS

AGAINST VENEZUELA.

Concluded February 17, 1903.

ARTICLES.

I. Commission; decision.
II. Basis of decision.
III. Record.

IV. Compensation.

V. Source of payment.
VI. Prompt payment.

The United States of America and the Republic of Venezuela, through their representatives, John Hay, Secretary of State of the United States of America, and Herbert W. Bowen, the Plenipotentiary of the Republic of Venezuela, have agreed upon and signed the following protocol.

ARTICLE I.

All claims owned by citizens of the United States of America against the Republic of Venezuela which have not been settled by diplomatic agreement or by arbitration between the two Governments, and which shall have been presented to the commission hereinafter named by the Department of State of the United States or its Legation at Caracas, shall be examined and decided by a mixed commission, which shall sit at Caracas, and which shall consist of two members, one of whom is to be appointed by the President of the United States and the other by the President of Venezuela.

It is agreed that an umpire may be named by the Queen of the Netherlands. If either of said commissioners or the umpire should fail or cease to act, his successor shall be appointed forth with in the same manner as his predecessor. Said commissioners and umpire are to be appointed before the first day of May, 1903.

The commissioners and the umpire shall meet in the city of Caracas on the first day of June, 1903. The umpire shall preside over their deliberations, and shall be competent to decide any question on which the commissioners disagree. Before assuming the functions of their office the commissioners and the umpire shall t:ke solemn oath carefully to examine and impartially decide, according to justice and the provisions of this convention, all claims submitted to them, and such oaths shall be entered on the record of their proceedings. The commissioners, or in case of their disagreement, the umpire, shall decide all claims upon a basis of absolute equity, without regard to objections of a technical nature, or of the provisions of local legislation.

The decisions of the commission, and in the event of their disagreement, those of the umpire, shall be final and conclusive. They shall be in writing. All awards shall be made payable in United States gold, or its equivalent in silver.

ARTICLE II.

The commissioners, or umpire, as the case may be, shall investigate and decide said claims upon such evidence or information only as shall be furnished by or on behalf of the respective Governments. They shall be bound to receive and consider all written documents or statements which may be presented to them by or on behalf of the respective Governments in support of or in answer to any claim, and to hear oral or written arguments made by the Agent of each Government on every claim. In case of their failure to agree in opinion upon any individual claim, the umpire shall decide.

Every claim shall be formally presented to the commissioners within thirty days from the day of their first meeting, unless the commissioners or the umpire in any case extend the period for presenting the claim not exceeding three months longer. The commissioners shall be bound to examine and decide upon every claim within six months from the day of its first formal presentation, and in case of their disagreement, the umpire shall examine and decide within a corresponding period from the date of such disagreement.

ARTICLE III.

The commissioners and the umpire shall keep an accurate record of their proceedings. For that purpose, each commissioner shall appoint a secretary versed in the language of both countries, to assist them in the transaction of the business of the commission. Except as herein stipulated, all questions of procedure shall be left to the determination of the commission, or in case of their disagreement, to the umpire.

ARTICLE IV.

Reasonable compensation to the commissioners and to the umpire for their services and expenses, and the other expenses of said arbitration, are to be paid in equal moieties by the contracting parties.

ARTICLE V.

In order to pay the total amount of the claims to be adjudicated as aforesaid, and other claims of citizens or subjects of other nations, the Government of Venezuela shall set apart for this purpose, and alienate to no other purpose, beginning with the month of March, 1903, thirty per cent. in monthly payments of the customs revenues of La Guaira and Puerto Cabello, and the payments thus set aside shall be divided and distributed in conformity with the decision of the Hague Tribunal.

In case of the failure to carry out the above agreement, Belgian officials shall be placed in charge of the customs of the two ports, and shall administer them until the liabilities of the Venezuelan Gov.

ernment in respect to the above claims shall have been discharged. The reference of the question above stated to the Hague Tribunal will be the subject of a separate protocol.

ARTICLE VI.

All existing and unsatisfied awards in favor of citizens of the United States shall be promptly paid, according to the terms of the respective awards. Washington, D. C. February 17, 1903.

JOHN HAY

[] . [

ITERBERT W. Bowen. (SEAL

NOTE.- The Commission provided for in the above protocol was duly appointed, but has not made its final award.

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